Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Showing 2548 of 80 articles for certiorari

Attempted vs. Frustrated Homicide: The Gemenez Ruling on Proving Fatal Injuries

The Supreme Court clarifies when a shooting is attempted, not frustrated, homicide—key lessons on proving fatal injuries.

When Procedural Lapses Yield to Substantial Justice: The Latogan Doctrine

The Supreme Court in Latogan v. People relaxed procedural rules to prevent a grave injustice, protecting a defendant's right to appeal a murder conviction.

Road Lots and HLURB Jurisdiction: What Subdivision Owners Must Know

The Supreme Court clarifies HLURB jurisdiction over subdivision road lots, public access rights, and the need to exhaust administrative remedies.

Executing a Labor Judgment Does Not Bar Certiorari: Due Process in Labor Disputes

Forced compliance with a writ of execution does not waive an employer's right to challenge a labor ruling via certiorari, the Supreme Court held.

Administrative Due Process and Bank Secrecy: The Sibayan v. Alda Ruling

The Supreme Court clarifies how administrative due process and bank secrecy limits discovery in BSP proceedings, as shown in Sibayan v. Alda.

Revival of Judgment: Why It Must Be Filed with the RTC, Not the Court of Appeals

The Supreme Court clarifies that actions to revive a judgment must be filed with the Regional Trial Court, not the Court of Appeals.

Third-Party Claims in Property Execution: PSALM v. Maunlad Homes Explained

Learn how Philippine law protects third-party property owners from wrongful levy during judgment execution, based on PSALM v. Maunlad Homes.

Union Dues Increase: Supreme Court Requires Strict Compliance for Agency Fees

The Supreme Court ruled that increased union agency fees require strict compliance with Labor Code approval and documentation requirements.

MERALCO Rate Case: Supreme Court Upholds ERC’s Shift to Performance-Based Regulation

Supreme Court affirms ERC’s shift to PBR for setting MERALCO rates, barring collateral attacks on administrative regulations.

Mining Rights vs. Indigenous Peoples: Exhaustion of Remedies and Grave Abuse of Discretion

The Supreme Court in Alecha v. Atienza underscores the exhaustion doctrine and limits of grave abuse of discretion in mining disputes.

Quieting of Title vs. Annulment of Title: Key Supreme Court Ruling on Land Disputes

The Supreme Court clarifies when a quieting of title action is actually an annulment of title, and why the substance of a complaint matters.

Reinstatement Orders of Voluntary Arbitrators Are Immediately Executory—Even Pending Appeal

The Supreme Court confirms that reinstatement orders by Voluntary Arbitrators are immediately executory, even pending appeal, protecting workers' security of tenure.

Missed Appeal Deadlines in Agrarian Cases: When Negligence Costs the Right to Appeal

The Supreme Court rules on missed appeal deadlines in agrarian disputes, explaining when a motion for reconsideration suspends the period and why certiorari cannot replace a lost appeal.

No-Build Zones and National Permits: What Aquino v. Malay Means for Developers

The Supreme Court ruled that a DENR permit does not override local no-build zone ordinances. Here's what developers must know.

Treble Costs Under Rule 65: When Courts May Penalize Frivolous Petitions

The Supreme Court clarifies that treble costs under Rule 65 are discretionary, requiring clear justification, not automatic penalties.

Certiorari as a Remedy: Challenging Small Claims Court Decisions in the Philippines

Can a final small claims decision be challenged? The Supreme Court clarifies when certiorari under Rule 65 is the proper remedy.

Filing Deadlines on Weekends and Holidays: The Rule on Extended Periods in Philippine Courts

When an extended filing deadline falls on a weekend or holiday, Philippine courts allow filing on the next working day—here's the rule.

Motion for Reconsideration Before Certiorari: The Novateknika Rule

Philippine courts require a motion for reconsideration before filing certiorari. Learn the rule, its exceptions, and why it matters.

Loss of Trust and Confidence: When Can Philippine Employers Dismiss Managerial Employees?

The Supreme Court in Manese v. Jollibee clarifies the less stringent standard for dismissing managerial employees for loss of trust and confidence.

Verification and Certification Against Forum Shopping: Why All Petitioners Must Sign

A single unsigned verification can dismiss a case. Learn the strict rules on certification against forum shopping from Formoso v. PNB.

Administrative Jurisdiction in the Philippines: Ombudsman, PAGC, and the CSC Appeal Route

A 2011 Supreme Court ruling clarifies concurrent jurisdiction among anti-graft bodies and why appeals must go to the CSC first.

Direct Contempt of Court: Limits, Penalties, and Remedies Under Philippine Law

Learn the limits of direct contempt in Philippine courts, including penalties, due process rights, and remedies like certiorari.

Evidence Rules in Philippine Administrative Cases: The Atienza Case Explained

Administrative bodies in the Philippines follow relaxed evidence rules. Learn what Atienza v. Board of Medicine means for professionals facing administrative scrutiny.

Indispensable Parties in Certiorari Petitions: The Rule on Due Process

Why omitting an indispensable party in a certiorari petition can invalidate proceedings and how to avoid this procedural pitfall.